[Congressional Record Volume 146, Number 83 (Tuesday, June 27, 2000)]
[Senate]
[Pages S5886-S5887]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID:
  S. 2795. A bill to provide for the use and distribution of the funds 
awarded to the Western Shoshone identifiable group under Indian Claims 
Commission Docket Numbers 326-A-1, 326-A-3, 326-K, and for other 
purposes; to the Committee on Indian Affairs.


                western shoshone claims distribution act

  Mr. REID. Mr. President, I rise today to introduce the Western 
Shoshone Claims Distribution Act.
  Historically, the Western Shoshone were the residents land in the 
northeastern corner of Nevada and parts of California. For more than a 
hundred years, the Western Shoshone have received no compensation for 
the loss of their tribal lands. In the 1950's, the Indian Lands Claim 
Commission was established to compensate Indians for lands ceded to the 
United States. The commission determined that Western Shoshone land had 
been taken through ``gradual encroachment,'' and awarded the tribe 26 
million dollars. The commission's decision was later approved by the 
United States Supreme Court. However, it was not until 1979 that the 
United States appropriated more than 26 million dollars to reimburse 
the descendants of these tribes for their loss.
  Mr. President, the Western Shoshone are not a wealthy people. A third 
of the tribal members are unemployed; for many of those who do have 
jobs, it is a struggle to live from one paycheck to the next. Wood 
stoves often provide the only source of heat in their aging homes. Like 
other American Indians, the Western Shoshone continue to be 
disproportionately affected by poverty and low educational achievement. 
The high school completion rate for Indian people between the ages of 
20 and 24 is dismally low. American Indians have a drop-out rate 12.5 
percent higher than the rest of the nation. For the majority of the 
Western Shoshone, the money contained in the settlement funds could 
lead to drastic lifestyle improvements.
  Yet twenty years later, those three judgement funds still remain in 
the United States Treasury. The Western Shoshone have not received a 
single penny of the money which is rightfully theirs. In those twenty 
years, the original trust fund has grown to more than 121 million 
dollars. It is long past the time that this money should be delivered 
into the hands of its owners. The Western Shoshone Steering Committee 
has officially requested that Congress enact legislation to affect this 
distribution.
  It has become increasingly apparent in recent years that the vast 
majority of those who qualify to receive these funds support an 
immediate distribution of their money. This Act will provide payments 
to eligible Western Shoshone tribal members and ensure that future 
generations of Western Shoshone will be able to enjoy the benefit of 
the distribution in perpetuity. Through the establishment of a tribally 
controlled grant trust fund, individual members of the Western Shoshone 
will be able to apply for money for education and other needs within 
limits set by a self-appointed committee of tribal members.
  It is clear that the Western Shoshone want the funds from their claim 
distributed with all due haste. Members of the Western Shoshone 
gathered in Fallon and Elko, Nevada in May of 1998. They cast a vote 
overwhelmingly in favor of distributing the funds. 1,230 supported the 
distribution in the statewide vote; only 53 were opposed. I rise today 
in support and recognition of their decision. The final distribution of 
this fund has lingered for more than twenty years and it is clear that 
the best interests of the tribes will not be served by prolonging their 
wait.
  Mr. President, twenty years has been more than long enough.
  Mr. President, I ask unanimous consent that the full text of the bill 
be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 2795

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Western Shoshone Claims 
     Distribution Act''.

     SEC. 2. DISTRIBUTION OF DOCKET 326-K FUNDS.

       The funds appropriated on December 19, 1979, in 
     satisfaction of an award granted to the Western Shoshone 
     Indians in Docket Number 326-K before the Indian Claims 
     Commission, including all earned interest shall be 
     distributed as follows:
       (1) The Secretary shall establish a Western Shoshone 
     Judgment Roll consisting of all Western Shoshones who--
       (A) have at least \1/4\ degree of Western Shoshone Blood;
       (B) are citizens of the United States; and
       (C) are living on the date of enactment of this Act.
       (2) Any individual determined or certified as eligible by 
     the Secretary to receive a per capita payment from any other 
     judgment fund awarded by the Indian Claims Commission, the 
     United States Claims Court, or the United States Court of 
     Federal Claims, that was appropriated on or before the date 
     of enactment of this Act, shall not be eligible for 
     enrollment under this Act.
       (3) The Secretary shall publish in the Federal Register 
     rules and regulations governing the establishment of the 
     Western Shoshone Judgment Roll and shall utilize any 
     documents acceptable to the Secretary in establishing proof 
     of eligibility. The Secretary's determination on all 
     applications for enrollment under this paragraph shall be 
     final.
       (4) Upon completing the Western Shoshone Judgment Roll 
     under paragraph (1), the Secretary shall make a per capita 
     distribution of 100 percent of the funds described in this 
     section, in a sum as equal as possible, to each person listed 
     on the Roll.
       (5)(A) With respect to the distribution of funds under this 
     section, the per capita shares of living competent adults who 
     have reached the age of 19 years on the date of the 
     distribution provided for under paragraph (4), shall be paid 
     directly to them.
       (B) The per capita shares of deceased individuals shall be 
     distributed to their heirs and legatees in accordance with 
     regulations prescribed by the Secretary.
       (C) The shares of legally incompetent individuals shall be 
     administered pursuant to regulations and procedures 
     established by the Secretary under section 3(b)(3) of Public 
     Law 93-134 (25 U.S.C. 1403(b)(3)).
       (D) The shares of minors and individuals who are under the 
     age of 19 years on the date of the distribution provided for 
     under paragraph (4) shall be held by the Secretary in 
     supervised individual Indian money accounts. The funds from 
     such accounts shall be disbursed over a period of 4 years in 
     payments equaling 25 percent of the principal, plus the 
     interest earned on that portion of the per capita share. The 
     first payment shall be disbursed to individuals who have 
     reached the age of 18 years if such individuals are deemed 
     legally competent. Subsequent payments shall be disbursed 
     within 90 days of the individual's following 3 birthdays.
       (6) All funds distributed under this Act are subject to the 
     provisions of section 7 of Public Law 93-134 (25 U.S.C. 
     1407).
       (7) All residual principal and interest funds remaining 
     after the distribution under paragraph (4) is complete shall 
     be added to the principal funds that are held and invested 
     under section 3(1).
       (8) All per capita shares belonging to living competent 
     adults certified as eligible to share in the judgment fund 
     distribution under this section, and the interest earned on 
     those shares, that remain unpaid for a period of 6-years 
     shall be added to the principal funds that are held and 
     invested under section 3(1), except that in the case of a 
     minor,

[[Page S5887]]

     such 6-year period shall not begin to run until the minor 
     reaches the age of majority.
       (9) Receipt of a share of the judgment funds under this 
     section shall not be construed as a waiver of any existing 
     treaty rights pursuant to the ``1863 Treaty of Ruby Valley'' 
     inclusive of all Articles I through VIII and shall not 
     prevent any Western Shoshone Tribe or Band or individual 
     Shoshone Indian from pursuing other rights guaranteed by law.

     SEC. 3. DISTRIBUTION OF DOCKETS 326-A--1 AND 326-A-3.

       The funds appropriated on March 23, 1992, and August 21, 
     1995, in satisfaction of the awards granted to the Western 
     Shoshone Indians in Docket Numbers 326-A-1 and 326-A-2 before 
     the United States Court of Claims, and the funds referred to 
     under section 2, together with all earned interest, shall be 
     distributed as follows:
       (1)(A) Not later than 120 days after the date of enactment 
     of this Act, the Secretary shall establish in the Treasury of 
     the United States a trust fund to be known as the ``Western 
     Shoshone Educational Trust Fund'' for the benefit of the 
     Western Shoshone members. There shall be credited to the 
     Trust Fund the amount described in the matter preceding this 
     paragraph.
       (B) The principal amount in the Trust Fund shall not be 
     expended or disbursed. Other amounts in the Trust Fund shall 
     be invested as provided for in section 1 of the Act of June 
     24, 1938 (25 U.S.C. 162a).
       (C) All accumulated and future interest and income from the 
     Trust Fund shall be distributed as educational and other 
     grants, and as other forms of assistance determined 
     appropriate, to individual Western Shoshone members as 
     required under this Act and to pay the reasonable and 
     necessary expenses of the Administrative Committee 
     established under paragraph (2) (as defined in the written 
     rules and procedures of such Committee). Funds under this 
     paragraph shall not be distributed on a per capita basis.
       (2)(A) An Administrative Committee to oversee the 
     distribution of the education grants authorized under 
     paragraph (1) shall be established as provided for in this 
     paragraph.
       (B) The Administrative Committee shall consist of 1 
     representative from each of the following organizations:
       (i) The Western Shoshone Te-Moak Tribe.
       (ii) The Duckwater Shoshone Tribe.
       (iii) The Yomba Shoshone Tribe.
       (iv) The Ely Shoshone Tribe.
       (v) The Western Shoshone Business Council of the Duck 
     Valley Reservation, Fallon Band of Western Shoshone.
       (vi) The at large community.
       (C) Each member of the Committee shall serve for a term of 
     4-years. If a vacancy remains unfilled in the membership of 
     the Committee for a period in excess of 60 days, the 
     Committee shall appoint a replacement from among qualified 
     members of the organization for which the replacement is 
     being made and such member shall serve until the organization 
     to be represented designates a replacement.
       (D) The Secretary shall consult with the Committee on the 
     management and investment of the funds subject to 
     distribution under this section.
       (E) The Committee shall have the authority to disburse the 
     accumulated interest fund under this Act in accordance with 
     the terms of this Act. The Committee shall be responsible for 
     ensuring that the funds provided through grants under 
     paragraph (1) are utilized in a manner consistent with the 
     terms of this Act. In accordance with paragraph (1)(C), the 
     Committee may use a portion of the interest funds to pay all 
     of the reasonable and necessary expenses of the Committee, 
     including per diem rates for attendance at meetings that are 
     the same as for those paid to Federal employees in the same 
     geographic location.
       (F) The Committee shall develop written rules and 
     procedures that include such matters as operating procedures, 
     rules of conduct, scholarship fund eligibility criteria (such 
     criteria to be consistent with this Act), application 
     selection procedures, appeals procedures, fund disbursement 
     procedures, and fund recoupment procedures. Such rules and 
     procedures shall be subject to the approval of the Secretary. 
     A portion of the interest funds, not to exceed $100,000, 
     under this Act may be used by the Committee to pay the 
     expenses associated with developing such rules and 
     procedures. At the discretion of the Committee, and with the 
     approval of the appropriate tribal governing body, 
     jurisdiction to hear appeals of the Committee's decisions may 
     be exercised by a tribal court, or a court of Indian offenses 
     operated under section 11 of title 25, Code of Federal 
     Regulations.
       (G) The Committee shall employ an independent certified 
     public accountant to prepare an annual financial statement 
     that includes the operating expenses of the Committee and the 
     total amount of scholarship fund disbursements for the fiscal 
     year for which the statement is being prepared under this 
     section. The Committee shall compile a list of names of all 
     individuals approved to receive scholarship funds during such 
     fiscal year. The financial statement and the list shall be 
     distributed to each organization referred to in this section 
     and copies shall be made available to the Western Shoshone 
     members upon request.

     SEC. 4. DEFINITIONS

       In this Act:
       (1) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (2) Trust fund.--The term ``Trust Fund'' means the Western 
     Shoshone Educational Trust Fund established under section 
     3(1).
       (3) Western shoshone members.--The term ``Western Shoshone 
     members'' means an individual who appears on the Western 
     Shoshone Judgment Roll established under section 2(1), or an 
     individual who is the lineal descendant of an individual 
     appearing on the roll, and who--
       (A) satisfies all eligibility criteria established by the 
     Administrative Committee under section 3;
       (B) fulfills all application requirements established by 
     the Administrative Committee; and
       (C) agrees to utilize tile funds in a manner approved by 
     the Administrative Committee for educational or vocational 
     training purposes.

     SEC. 5. REGULATIONS.

       The Secretary shall prescribe the enrollment regulations 
     necessary to carry out this Act.
                                 ______